Kamendra Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33985 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== KAMENDRA NATH son of Mahatim Singh Village- Chausa Near Devi Mandir Ward no-9, Po- Chausa Ps- Buxar (Muffasil) Dist- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand Mishra, Sr. Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This application has been filed for quashing and setting aside the cognizance order dated 19.05.2022, passed by the learned Railway Judicial magistrate, Bojpur at Ara in Buxar Rail P.S. Case No. 44 of 2022 whereby cognizance have been taken by the learned Railway Judicial Magistrate, Ara under Sections 406, 418, 419, 420, 120(B) of I.P.C.

3. Materials have come during investigation to connect the petitioner with the crime. The petitioner claims that his defence may be seen at this stage which is not permissible.

4. Accordingly, this application is dismissed with liberty to the petitioner to raise all the grounds at the stage of framing of charge. (Sandeep Kumar, J) sanjeev/- U